Donker seeks four more years

Published 8:00 pm, Tuesday, July 20, 2004

Midland County Prosecutor Norm Donker is asking for a chance to continue his work and create change in his office during the next four years.

Among items he's involved in are a streamlining of the system, from officers requesting warrants via in-car computer systems to filing investigative notes and court documents on a computer system. He discussed and a number of other topics in a recent Daily News editorial board meeting.

One of the problems in his office and in the jail is space. Donker said one assistant prosecutor works out of a former storage closet on the courthouse's B level.

"That's not a very efficient way to operate," he said.

As for the jail, Donker said there's not room for it at the current complex.

While a new facility needs to be built, prosecutors and judges have to work with the programs and the 98 beds the jail offers.

"That has a major impact on the administration of justice," he said, adding the judicial system works by measuring and balancing all the factors that go into sentencing - punishment, rehabilitation possibilities and the availability of space.

The lack of space causes some sentenced criminals not to land jail time.

"Absolutely" there are some people out on the street who shouldn't be, he said.

Of the 4,400 cases prosecutors reviewed last year, warrants were issued in 3,000. Numerous times reports came up and charges weren't issued, including in fatal accidents. His office's conviction rate is about 90 percent.

Donker said charges are issued based on what the evidence indicates. He said he does not charge high and plead low. His office doesn't offer pleas as often as other offices, adding this gives credibility to the justice system.

Anyone can make an office run faster by pushing cases through the system by taking pleas, he said, adding prosecutors answer to society about victims in cases.

While his system of pleas might be harsher, it's not unfair, he added, giving the example of accepting a plea for impaired driving for a drunken driving offense in which the defendant wasn't in an accident and didn't fight with officers.

Vertical prosecution - assigning cases to a prosecutor who works the case as it goes through the courts - isn't a good plan, Donker said. He calls it costly and personnel intensive, and said other counties don't use the system. He estimated the number of prosecutors would have to be doubled to implement such a system.

"It breaks the bank," he said.

Though the system isn't sound for general operations, his office does use it for cases such as homicides and major felonies. That is "part of knowing how to manage an office," he said.

When asked about the tension between his office and District Court Judge Phil Van Dam, Donker said the situation has improved. Bench trial cases before the judge have resumed, he said.

Achievements Donker cited during his four terms are beginning the D.A.R.E. program, bringing a team approach to law enforcement by improving relations between the police department and prosecutors, and updating computers.

The county has been remarkably free of teen deaths since D.A.R.E. began, and there have been fewer drunken driving cases involving minors as drivers, he said.